The second day of Oscar Pistorius’ murder trial was thrown into turmoil Tuesday as the judge ordered a probe into a South African TV channel that showed a photo of a witness – violating a court order guaranteeing privacy to witnesses who want it.
Judge Thokozile Masipa warned the media covering the sensational case to obey the ruling and called the revelation “very disturbing.”
“An investigation is to follow to find out exactly what is happening. This may just be the tip of the iceberg,” said Masipa.
The witness, Michelle Burger, lives close to Pistorius’ luxury Pretoria pad and testified Monday that she heard a woman’s blood-curdling screams on the night Pistorius killed girlfriend Reeva Steenkamp on Valentines Day last year.
South African TV station eNCA was broadcasting a live audio feed of Burger’s testimony Tuesday with a photo of her, prosecutor Gerrie Nel said in court.
The photo was captioned: “On the stand: Michelle Burger, Pistorius neighbor.”
Nel said eNCA contacted the court clerk to ask if they could run a photograph of the witness that they had obtained from outside the court. The court said no, Nel said.
“They still went ahead and did it,” the prosecutor said.
The development came less than 30 minutes into the day’s proceedings when Nel interrupted Pistorius lawyer Barry Roux’s cross-examination of Burger, saying he had just been informed that Burger’s image was being shown on television.
The judge adjourned proceedings and Burger immediately left the room. When the judge returned after meeting with the two sides in her chambers, she ordered an investigation and instructed that no photographs may be shown in the media of any witness who requests privacy, regardless of the source.
“I am warning the media, if you do not behave, you are not going to be treated with soft gloves by this court,” Judge Masipa said.
Another judge ruled last week that parts of Pistorius’ blockbuster trial could be broadcast on live TV — in South Africa and around the world — but witnesses who request privacy, like Burger, would not be shown. An audio only feed of their testimony would then be broadcast.
Burger said she heard a woman scream and a man shouting for help before the sound of gunshots on the night a year ago.
Pistorius said he was the only person to shout after thinking there was a dangerous intruder inside his bathroom. He claimed he then shot Steenkamp through a toilet door by mistake.
For a second day, defense lawyer Roux sought to undercut the testimony of Burger, who wore a black suit and pink blouse.
Roux suggested the university lecturer was changing her story partly because she had not told police in a statement last year that she had heard screaming during the gunshots.
Burger stuck to her account, saying the area where she lives is quiet and near a nature reserve, and that the windows of her house were open because there is no air conditioning.
“It’s very quiet,” she said. “Sound carries.”